Vatives galleries

Is it true that for a company w/ more than 100 employees, a statement letter from the CFO will be adequate as a proof for ability to pay? What info should the CFO be included in the letter?

I was so screwed by my lawyer in the LC process so I plan on DIY for the I-140 & 485.



Yes, you can submit a letter from CFO if the company has more than 100 employees.

it may look like it that it has made our situation worse. But it was never good to start with. The visa number flow was going to EB3-ROW. Now it is going to EB2-I. That is good since if EB2-I becomes current the flow would come to EB3-I as we have older PD people than EB3-ROW.

Nevertheless, EB3-I was always the last link in the chain and still is. Nothing has worsened or bettered. If anything can be good for us, it is the 5882 bill. Another thing that can help is removal of country quota. With so many EB2 people getting their GC, we are going to need to really work towards getting contributions for lobbying since the people who get the GC cannot be expected to help IV anymore. We always were at the bottom and are still at the bottom. We need to unite and work with IV so that we call can get what we want.

I see there is a very common misconception in these forums

First. EB2-I being current does not help EB3-I -- at least not directly. The numbers after EB2-I being current will not rollover into EB3-I. It goes to the general EB3 pool, from where first the 7% rule is applied, so unless EB3-World becomes current, EB3-I does not benefit from the numbers.

2nd, yes, the reclamation will help, but again not to a great extent -- at least not directly. All of the numbers so gained will go based on the 7% cutoff, so while we will get some extra numbers, but does not mean EB3-I will go ahead by leaps and bounds, that is until all the rest of the categories are current.

^^^^^^^^^^^^

@ vikki76

Please check this thread and September 2009 approvals thread. I saw names of the a couple IOs who had been helpful at NSC. If you cannot find it, please let me know and I will try and scan both the threads for you.

I got your pvt. message, will send you the letter tonight when I get home.

NSC.
Let me send u a pm to get text of that letter too.

Does all this mean that if you have an approved LC it will only remain valid for 45 days?!
I am waiting to file my I-140 until my PD gets closer because I don't want to risk my daughter aging out.
EB3 with PD June 03
No, 45 days condition is not for "to file 140 within 45 days of labor approval"
But it is for the company to substitute the LC for some other employee within 45 days.

There is no time limit set to file I-140 for the employee for whom the LC was issued.

Have to watch this one carefully. Kennedy (one of the co-sponsors of this bill) had thrown EB immigrants under the bus last year while favoring FB and illegals (in CIR). Need to be see the contents of this bill very carefully. Esp this clause from the AILA report:
"Addressing the decades-long backlogs for certain countries by raising the per-country immigration limits from 7 percent to 10 percent of total admission".
The CIR in 2007 had a similar clause, bumping up the country-limit from 7% to 10%, BUT it had another related clause that stopped rollover of visa's in the last quarter.
That would be disastrous for people from India and China as number of visas issued for the whole year will go DOWN!!
The recapture clause sounds promising , provided there is atleast an even split between EB and FB (of EB coming before FB). If they do it the other way around (like they had done in the last recapture for schedule-A nurses) then EB people will see no benefit of the recapture, and will end up losing one more quick-fix option.

Eagerly waiting for the bill text so the dissection and analysis can begin!!

RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

(a) Worldwide Level of Employment-Based Immigrants- Subsection (d) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as follows:

�(d) Worldwide Level of Employment-Based Immigrants-

�(1) IN GENERAL- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--

�(A) 140,000; plus

�(B) the number computed under paragraph (2); plus

�(C) the number computed under paragraph (3).

�(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--

�(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and

�(B) the number of visas actually issued under section 203(b), subject to this subsection, during the previous fiscal year.

�(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--

�(A) the difference, if any, between--

�(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; and

�(ii) the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years; and

�(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.�.

Hi there,

I received the exact same Email notice from USCIS as you on Sept. 28, 2007. I'm confused! I got my H1B 7th year extention approved in Feb. 2006. What happened to this case?

Thank you for the reply. When you say that if I go with Company A that there will be more scrutiny, do you mean they will check the vailidity of the offer and their ability to pay? I work for a Govt. Agency(Company C), they will give me an EVL but I am not sure if they will specify "in accordance with I140". I am actually doing the same job, same place, before as a contractor(Company A) and now as an Employee(Company C).

Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.

Not only H1B reform we need G.C process reform also.

I'm not sure if anyone knows but that is what Ronhira does. Hijacking the topic, calling everyone anti-immigrants is his forte'.....don't waste your time in replying to him.

Click on his profile and check out "all posts by this user". You will know his contribution. I pray that he gets his GC soon and gets out of here.

Zoooom & Anzerraja:
The core membership may be modest and may not want to speak out much on this issue. It becomes our prerogative to drive this.

Lets do this. Zooom do you mind opening a separate thread, "Reimburse past expenses to Aman & other IV Core members" or something like that. Please post a message asking people to "pledge" an amount towards that effort. Can you two drive this effort. I am also available for assistance.

We will update members who pledge how to finalize their pledge by any of the following methods based on subsequent expert advice:
1) Should they contribute to IV directly
2) Send a personal check to Aman.
3) Other method like IV reimbursing Aman and others from the common donation corpus.


Hi Everybody it is a great idea to reimburse aman. Absolutely we have to do it through IV. it is not good idea giving personal checks. what happens when Aman submits his federal taxes. he has to mention everything about the money trail. In America everything should be trailable especially money matters.

giving money through IV is safe for him and for everybody and there is an accountablity everywhere. As a core member he can collect his administrative costs.

So whatever the pledge amouts we are doing should be sent to IV then to Aman.

Any suggestions......

WaldenPond is too nice to answer your question. Personally, I wouldn't consider it obligatory to answer a specific question by someone who cannot volunteer due to "Personal Reason", whatever that may mean. If you cannot volunteer, cannot participate in IV's action items, cannot contribute, then you are most welcome to use IV's portal to get answers to your questions or get other kind of information - but do not expect updates from anyone as your right!

IV is not a top-down organization and if you think that it is becoming like Immigration Portal then partially it is due to people like you who do not want to participate but just want 'updates'.

You are partially right.

One thing I know for sure - you know how to copy paste and repeat the same post again and again :)

I initially called only half of the congressman and selected option 2 for the poll. Now I finished calling all. How do I change my vote to option 1? Or if someone could do that for me

Thanks

lots of EB3 qualify for EB-2 after such a long wait and in the first case they were put into eb3 although they could have gone to eb2...

I cant believe that EB-3 is at 2001 when we are getting to 2009..its really a shame on the system

if this is how they treat people the entire h1b needs to be scrapped or people spend thier decades in slavery working this unpredictable system thinking that they will get in next few months..its like chasing a mirage in the desert....

I think we as high skilled immigration community need to accept some sort of restrictions on H-1B visa for our provisions for lost visa recapture or additional EB permanent visas. We need to let Senator Grassley know what we can accept. Otherwise everybody is at standstill and nothing will happen.

Lets keep this thread to celebrate OP's Green Card and some inspiration for Hopeless EB-3 guys.

Krish: I agreed VISA recpature and not including dependents will help us a lot, please keep the thread for celebration only.

This bill is in House judicial committee for markup only. This bill is not tabled on house floor yet. Even after markup and voting, this bill still needs to be tabled on house floor. If it gets approved there, similar measure S3414 will be brought to Senate floor for voting.

They can move the Dates in both Categories while giving preference to EB1 and EB2 first.


You are purely thinking about your perspective and neglecting the purpose of GC for the country.
To qualify in EB1/Eb2/EB3 depends on some factors:

EB1: Extra ordinary candidate, may or may not be represented by employer
EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)

Now current status and its cause:

EB1: - No jumping, no gaming system : Hence NO DELAYS

EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE

Result: Got retrogressed

EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
Result: Severely retrogressed with no hopes in horizon

Now lets look at market demand ( we know supply of apps is pretty darn good)
EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers

EB 2:: High, general pay starts high $80k and goes somewhere $140k+,

EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)

Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
EB1: say 50K (5%) - (fast processing - Express lane)
EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)

Now lets checkout preference:
Preference from perspective of country, what benefits country the most:

EB1: ohh : lets get them in ASAP
EB2: yes yes we welcome you please come in (after some long wait)
EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate


Now This:
Like everything in the world, the fewer the qty the hotter the product,
the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.

End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I’m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself

The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
and trying to think for a solution.... Next thought -> Solution, I will post in coming days

once significant amount of AOS applns were received - there will be a process to dispatch these rejected applications base don priority date.

cmon people for uscis everything is a process and all know it takes time
im not pessimistic, but uscis made me so.

like others say - dont build hopes unless u see fruit in ur hand. my2c

Count me in. I am not on H1 but we need to stop this in its tracks.

I remember long time ago somebody used to say that this Greencard is a SCAM....I am so frustrated..